Terms and Conditions

Suggested Retail Pricing

The Suggested Retail Pricing Policy of Eqova Life Sciences, Inc (“Eqova”). is for all of its customers selling its professional lines of products on-line to sell such products at or above the suggested retail prices. Any advertisements, discounts, rewards programs, coupons, special offers, sales, promotions, etc. must explicitly state “Not valid on Eqova’s products” and products must check-out at or above suggested retail pricing.

Eqova neither seeks nor will accept any assurances from any customer that it will not deviate from this Suggested Retail Pricing Policy. The suggested retail prices set forth are unilaterally set by Eqova and are not open to discussion or negotiation with any of its customers.

Eqova reserves the right not to sell or supply any products to any customer that is affiliated with an entity that violates this Suggested Retail Pricing Policy.

Any reference or inference at all to discounts, price reductions, special call-in pricing, coupons, price-matching policies or any other special promotion or offer on Eqova products will be deemed to be violations of this policy and grounds for immediate suspension of affiliated Customer’s account(s),

Affiliate Programs

Eqova products may not be offered as part of an affiliate program.

No Internet Sales

The terms and conditions of EQOVA’s No Internet Sales Policy are hereby adopted as if restated in their entirety herein. Without limiting, amending or modifying EQOVA’s No Internet Sales Policy in any regard, CUSTOMER AGREES THAT IT
WILL NOT RESELL, SELL, MAKE ANY REFERENCE TO PRICES/PRICING, DISPLAY EQOVA IMAGES, TRADEMARKS, REFERRAL CODES OR DISTRIBUTE ANY OF THE PRODUCTS USING THE INTERNET, ANY INTERNET SITE OR ANY OTHER ELECTRONIC MEDIUM OR DEVICE. CUSTOMER may, however, refer to EQOVA and the Products on its Internet Site and may include a link to EQOVA’s website as set forth in EQOVA’s No Internet Sales Policy. CUSTOMER shall abide by this Policy and any modifications which may, from time to time, be implemented by EQOVA.

1. CUSTOMER SHALL NOT RESELL, SELL, MAKE ANY REFERENCE TO PRICES/PRICING OR DISTRIBUTE ANY OF THE PRODUCTS USING THE INTERNET, ANY INTERNET SITE OR ANY OTHER ELECTRONIC MEDIUM OR DEVICE WITHOUT EQOVA’s PRIOR WRITTEN APPROVAL.  The term “Internet Site” shall include, but is not limited to, any World Wide Web site, USENET, newsgroup, bulletin board, server or other online service at any electronic domain name, address or location, or any other form of online service or other form of electronic commerce whatsoever.1. CUSTOMER SHALL NOT RESELL, SELL, MAKE ANY REFERENCE TO PRICES/PRICING OR DISTRIBUTE ANY OF THE PRODUCTS USING THE INTERNET, ANY INTERNET SITE OR ANY OTHER ELECTRONIC MEDIUM OR DEVICE WITHOUT EQOVA’s PRIOR WRITTEN APPROVAL.  The term “Internet Site” shall include, but is not limited to, any World Wide Web site, USENET, newsgroup, bulletin board, server or other online service at any electronic domain name, address or location, or any other form of online service or other form of electronic commerce whatsoever.2. CUSTOMER MAY REFER TO EQOVA AND THE PRODUCTS ON ITS INTERNET SITE AND MAY INCLUDE A LINK TO EQOVA’s WEBSITE; HOWEVER, CUSTOMER MAY INCLUDE SUCH REFERENCE AND/OR LINK ONLY WITH EQOVA’s PRIOR WRITTEN APPROVAL.3. CUSTOMER SHALL NOT IDENTIFY, LIST OR POST ANY PRODUCT PRICES ON THE INTERNET WITHOUT EQOVA’s PRIOR WRITTEN APPROVAL.4. CUSTOMER SHALL NOT PUBLICLY ADVERTISE THE PRODUCTS USING: 1) THE INTERNET (E.G., BANNER OR OTHER ADVERTISEMENT; 2) ANY OTHER ELECTRONIC MEDIUM; AND/OR 3) ANY PRINT MEDIUM.5. CUSTOMER SHALL NOT PURCHASE “EQOVA” OR THE NAME OF ANY OF THE PRODUCTS AS GOOGLE ADWORDS™, NOR ANY ONLINE ADVERTISING, INCLUDING, BUT NOT LIMITED TO, FACEBOOK, YAHOO SHOPPING, AMAZON ADS AND THE LIKE.6. IF EQOVA AUTHORIZES THE CUSTOMER TO REFER TO EQOVA AND/OR THE PRODUCTS ON ITS INTERNET SITE, CUSTOMER SHALL MAINTAIN ALL PRICES/PRICING, EQOVA IMAGES, TRADEMARKS, REFERRAL CODES OR DISTRIBUTION ANY OF THE PRODUCTS BEHIND A PASSWORD PROTECTED SITE THAT IS AVAILABLE ONLY TO THE CUSTOMER’S PATIENTS AND NOT TO THE GENERAL PUBLIC.  THE FOLLOWING DISCLAIMER MUST BE INCLUDED WHEREVER EQOVA PRODUCTS ARE MENTIONED:

LEGAL NOTICE

EQOVA’s Exclusive Professional Formulas are available through select licensed health care professionals. The Internet sale and discounting of EQOVA formulas are strictly prohibited. ________.com makes EQOVA formulas available only to patients of our clinic. If you are a patient of ________ , you may inquire about EQOVA by calling __________.

7. IF EQOVA AUTHORIZES CUSTOMER TO LIST PRODUCT PRICES ONLINE, SUCH PRICES SHALL BE PASSWORD PROTECTED AND AVAILABLE ONLY TO PATIENTS OR CUSTOMER THROUGH THE USE OF A PASSWORD.  ACCESS TO THE PRICING INFORMATION MUST BE LIMITED TO CUSTOMER AND CUSTOMER’S PATIENTS ONLY.7. IF EQOVA AUTHORIZES CUSTOMER TO LIST PRODUCT PRICES ONLINE, SUCH PRICES SHALL BE PASSWORD PROTECTED AND AVAILABLE ONLY TO PATIENTS OR CUSTOMER THROUGH THE USE OF A PASSWORD.  ACCESS TO THE PRICING INFORMATION MUST BE LIMITED TO CUSTOMER AND CUSTOMER’S PATIENTS ONLY.8. CUSTOMER AGREES THAT THE GENERAL PUBLIC CANNOT PLACE AN ORDER FOR EQOVA PRODUCTS THROUGH CUSTOMER’S WEBSITE.  ANY PATIENT SEEKING TO PURCHASE EQOVA PRODUCT ONLINE MUST BE REFERRED BACK TO THE CUSTOMER BY THE DISPLAY OF THE ABOVE DISCLAIMER.9. EQOVA RESERVES THE RIGHT TO DISCONTINUE SALES TO CUSTOMER AND ALL OUTSTANDING AMOUNTS FOR PRODUCTS SHIPPED WILL BECOME IMMEDIATELY DUE AND PAYABLE.10. EQOVA RESERVES THE RIGHT TO ENFORCE ITS STATUTORY RIGHTS TO RECOVER DAMAGES AGAINST CUSTOMER FOR TRADEMARK INFRINGEMENT.

Pharmacy Sales

Licensed pharmacists may be eligible to purchase EQOVA formulas so long as formulas are not sold on the Internet nor is there any reference to prices/pricing on the Internet. EQOVA FORMULAS IN PHARMACIES MUST BE PLACED BEHIND THE COUNTER AND OUT OF SIGHT OF ITS CUSTOMERS.

Private Label Policy

1. PRIVATE LABEL PRODUCTS ARE INTENDED TO CREATE BRAND RECOGNITION FOR THE CUSTOMER WITH NO ASSOCIATION WHATSOEVER TO EQOVA.1. PRIVATE LABEL PRODUCTS ARE INTENDED TO CREATE BRAND RECOGNITION FOR THE CUSTOMER WITH NO ASSOCIATION WHATSOEVER TO EQOVA.2. IN GENERAL, CUSTOMER MAY NOT REFER TO THE PRIVATE LABEL PRODUCTS AS BEING EQOVA FORMULAS, OR IN ANY OTHER WAY ASSOCIATED WITH EQOVA (INCLUDING, BUT NOT LIMITED TO, “BY EQOVA” AND/OR “COMPARABLE TO EQOVA”) AND/OR BY USING THE INTERNET, ANY INTERNET SITE OR ANY OTHER ELECTRONIC MEDIUM OR DEVICE.  The term “Internet Site” shall include, but is not limited to, any World Wide Web site, USENET, newsgroup, bulletin board, server or other online service at any electronic domain name, address or location, or any other form of online service or other form of electronic commerce whatsoever.3. CUSTOMER MAY NOT MAKE ANY ASSOCIATION TO EQOVA BY WAY OF THE USE OF THE EQOVA BRAND NAME, TRADEMARKS OR IMAGES, EQOVA PRODUCT NAMES, EQOVA UPC’S, THROUGH THE USE OF KEYWORDS, METADATA OR ANY OTHER SEO STRATEGY, AND/OR USE OF THE EQOVA NAME BEING LISTED ON THE AMAZON BRAND REGISTRATION APPLICATION.4. CUSTOMER SHALL NOT PURCHASE AS KEYWORDS “EQOVA” OR THE NAME OF ANY OF THE PRODUCTS AS GOOGLE ADWORDS™, OR ANY OTHER ADVERTISING WHATSOEVER USING THE EQOVA NAME, TRADEMARKS, ANY EQOVA PRODUCT NAME OR EQOVA UPC’S.5. CUSTOMER’S ANSWERS TO Q&A REVIEWS MAY NOT CONTAIN USE OF THE EQOVA NAME OR ANY EQOVA PRODUCT NAME, OR IN ANY WAY ASSOCIATE OR LINK THE PRIVATE LABEL PRODUCT TO EQOVA.6. EQOVA RESERVES THE RIGHT TO DISCONTINUE SALES TO CUSTOMER AND ALL OUTSTANDING AMOUNTS FOR PRODUCTS SHIPPED WILL BECOME IMMEDIATELY DUE AND PAYABLE.7. EQOVA RESERVES THE RIGHT TO ENFORCE ITS STATUTORY RIGHTS TO RECOVER DAMAGES AGAINST CUSTOMER FOR TRADEMARK INFRINGEMENT.

Third-Party Sites

Eqova does not authorize or permit sales of its professional lines of products on third-party- facilitated sites (e.g., Amazon.com, eBay, etc.).

Eqova reserves the right not to sell or supply any products to any customer that is found to be selling Eqova products on third- party-facilitated sites.

Use of Trademarks

Customer shall not have the right to affix any of Eqova’s trademarks to any product or other material conveyed to anyone other than via the Internet in the manner described in this Policy. Customer agrees to use the symbols ™ and ®, as appropriate, when displaying the trademarks, which is intended to indicate Eqova’s ownership of the trademarks and shall not be construed as a claim to ownership by Customer. Customer’s use of the trademarks must be accompanied by a statement substantially as follows: “[Insert the trademark(s)] are trademarks of Eqova Life Sciences, Inc. and are used with permission.” Customer must also include on all pages that reflect Eqova products on Customer’s website a statement substantially as follows: “This site is not owned or operated by Eqova Life Sciences, Inc.”

Customer may not use Eqova trademarks (or copyrighted material) on third-party-facilitated sites (e.g., Amazon, eBay, etc.) and social media websites (e.g., Facebook, Twitter, etc.).

Customer may not use Eqova trademarks to purchase online advertising or as key words for advertising purposes.

Any use of the trademarks by Customer in accordance with this Policy shall inure to the benefit of Eqova. The trademarks are solely and exclusively the property of Eqova. Customer shall not have any ownership right, title, or interest, express or implied, in the trademarks.

Customer shall not use the trademarks except in a form, context, and location that is acceptable to Eqova. Eqova may review Customer’s website at any time and reserves the right to require Customer to make changes to it based upon use of any intellectual property owned or controlled by Eqova, even if Eqova has previously approved or accepted Customer’s website or the material displayed thereon. Eqova may require Customer to make changes to Customer’s website at any time to the extent Customer is using the Trademarks in a manner that violates applicable FDA or FTC regulations, any other applicable laws or regulations, or Eqova policies.

Customer may not use any Eqova product names, trademarks or copyrights as part of a URL (Universal Resource Locator), secondary level domain name, meta-tag, key word or file name.

All content included on Eqova’s websites, including text, graphics, images, video clips and audio clips, is the property of or licensed by Eqova Life Sciences, Inc. or our associates, and protected by U.S. and international copyright laws. You may not use, copy, reproduce, distribute, publish, display, modify, create derivative words, transmit, or in any other way exploit any part of copyrighted material without express written permission from Eqova Life Sciences, Inc.

The Eqova logo may be used only in the special form supplied by Eqova for use on customer-owned websites; neither the file name nor the name of the image may be changed or modified from the original form supplied by Eqova. It may be accompanied by a statement indicating “I (We) proudly offer [insert Eqova Company Logo] products.” No other statements may be affiliated with use of the logo.

Customer may not use or display any ratings, reviews, testimonials, or content written by patients or practitioners in any capacity without written consent of Eqova.

Disease Claims

In an effort to protect practitioners and Eqova from potential legal liability due to the clear requirements of the Food and Drug Administration prohibiting disease claims from being associated with dietary supplements, Eqova dietary supplements and non- medical food products may not be displayed or mentioned in association with any disease claims. Only claims that appear on the Eqova.com website may be used. Medical foods must be properly categorized as such and the dietary supplement disclaimer must not be shown on pages showing only medical foods. Claims shown for medical food products must only reflect those medical food claims shown on the Eqova website. Product reviews and testimonials must be monitored and must not include disease claims about Eqova dietary supplement and non- medical food products; reviews for medical foods must not contain unapproved medical food claims and may only contain medical food claims appearing on the Eqova website.

Eqova may review Customer’s website at any time and reserves the right to require Customer to make changes to it based upon use of any intellectual property owned or controlled by Eqova in association with any disease claims, even if Eqova has previously approved or accepted Customer’s website or the material displayed thereon. Eqova may require Customer to make changes to Customer’s website at any time to the extent Customer is using the Trademarks in a manner that violates applicable FDA or FTC regulations, any other applicable laws or regulations, or Eqova policies.

Logos

The Eqova logo may be used only in the special form supplied by Eqova for use on the Internet; neither the file name nor the name of the image may be changed or modified from the original form supplied by Eqova. It may be accompanied by a statement indicating “I (We) proudly offer [insert Eqova Company Logo] products.” No other statements may be affiliated with use of the logo.

Refund Policy

We stand behind our products 100%, and your complete satisfaction is our goal. If you experience any fulfillment, shipping, or quality issues with an order, such as an incomplete or incorrect order, or if any damage occurred during shipping, please contact us within thirty days to obtain your Return Authorization Number and begin the return process.

No other product returns are accepted, unless the product was ordered in error. In order to receive a credit for a returned product, you must notify, and get approval from, one of our customer service representatives within thirty days of receiving the order.

Please contact us before shipping any product back for a return, as we will not accept any returns received without a Return Authorization Number, generated by EQOVA. All credits will be applied back to your account and will be available for future orders. All returns are subject to a 15% restocking fee. To receive credit for returned product(s), you must:

• Notify Customer Service at (866) 823-7682 within thirty days of receiving the order to report the error or issue.

• Include your Return Authorization Number, provided by EQOVA Customer Service, on the Return Form.

• Ensure that any products ordered in error remain un-opened, un-marked, and in a sellable condition.

• Make sure that it is a EQOVA formula that is currently available in inventory, and not a Private Label formula.

PLEASE NOTE: EQOVA does not authorize any credits for returned Private Label formulas.

Miscellaneous

Eqova may, in its sole discretion, revise or eliminate this Policy at any time. Eqova may also terminate Customer’s non-exclusive, limited license to use the Trademarks at any time in its sole discretion upon written notice.

Any failure or delay by Eqova in enforcing any provisions of this Policy or any of Eqova rights in any of the Trademarks shall in no way be considered a waiver of such provisions or rights and shall in no way prevent Eqova from enforcing the same at a later date.

Violations of Policy

All Customers who violate this Policy will receive ten (10) days’ advance written notice from Eqova that they are in violation of the Policy and therefore will no longer be able to purchase the Products after the end of the ten (10) day notice period. After the notice period, Customer will no longer be able to purchase the Products and Customer will no longer be authorized to use the Trademarks on Customer’s Website or in any other manner on the Internet. After the notice period, Customer will be required to immediately cease all use of the Trademarks on Customer’s Website or in any other manner on the Internet. Customers that correct their Website to bring it into compliance with this Policy should promptly notify Eqova. Eqova will then review Customer’s Website. If Eqova determines Customer has brought his or her site into compliance with this Policy, Customer’s account will be reactivated so Customer may purchase the Products and use the Trademarks on Customer’s Website in accordance with this Policy. Eqova has adopted zero- tolerance approach to this policy. Customer acknowledges that upon any subsequent breach of any provision of this Agreement, Eqova may terminate Customer’s account without notice. Once Customer has fallen out of compliance with this policy in any way and has received any written notice from Eqova, then upon any subsequent breach Eqova reserves the right to immediately terminate the Customer.

Eqova’s Copyright Policy & Disclaimer

Thank you for visiting Eqova’s Website. The content, arrangement and layout of this site, including, but not limited to, the trademarks and text, are proprietary to Eqova, and should not be copied, imitated, reproduced, displayed, distributed, or transmitted without the express permission of Eqova. Any unauthorized use of the content, arrangement or layout of the site, or the trademarks found in the site may violate civil or criminal laws, including, but not limited to, copyright and trademark laws.

The information provided in this web site may not be construed as medical advice. It is merely for educational purposes and its accuracy is not guaranteed. Please consult with your physician or other medical care provider regarding any healthcare questions you may have.

INFORMATION ON THIS WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Eqova’s Customer Policy

To ensure proper use of Eqova’s high quality nutraceuticals, we only sell to licensed healthcare professionals. If you would like to become part of our family of customers, contact us to get an application form. If you are in the territory of one of our three United States regional distributors, your information will be forwarded to your distributor.

If you are not a healthcare professional, we would be happy to provide you with the names and contact information of several practitioners in your area. If you are a practitioner and would like to be added to our referral list, please contact our office or that of your distributor.